Local Authorities Acts Amendment Act of 1927 (18 Geo v No. 28) (Qld)

LOCAL AUTHORITIES. 18 GEO. V. No. 28,1927. Local Authorities Acts Amendment Act. LOANS-COMMONWEALTH AND STATES FINANCIAL AGREEMENT. See CONSTITUTION. LOAN COUNCIL, AUSTRALIAN. See CONSTITUTION. 11991 LOCAL AUTHORITIES. An Act to Amend" The Local Authorities Acts, 18 Geo. V. 1902 to 1926," in certain particulars. T::o~!:~ [ASSENTED TO 7TH JANUARY, 1928.] AUTAHCOTRSITIES B . AMENDMENT E it enacted by the King's Most Excellent MaJesty) ACT OF 1927. by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. This Act may be cited as "The Local Authorities Short title Acts Amendment Act of 1927," and shall be read as one and tr t' with *"The Local Authorities Acts, 1902 to 1926," herein ~ ~~ ct~ C lOn collectively referred to as the Principal Act. The Principal Act and this Act may together be cited as " The Local Authoritie8 Acts, 1902 to 1927." 2. The following subsection is inserted after SUb-Amendment section eight of section ninety-five of the Principal of s. 95. Act:- "(8A.) In case where a person has made applicationAppIication to the Local Authority to erect a fence or fences across for li?ense in a road which separates the land of the applicant from ~ ~ : : ~ ~ cir- the land held by other owners or occupiers, and the land cumstanC6S. of such other owners or occupiers along the frontage of such road is already fenced, the applicant shall forward with his application a written agreement of such other owners or occupiers with respect to the use of any such fence or fences of such other owners or occupiers as part of the enclosure of the applicant's land. (a) If such other owners or occupiers make default in making such agreement with such applicant; or, * 2 Edw. VII. No. 19 and amending Acts, supra, pages 1860 et Beq. (See Alphabetical Table.)

LOCAL AUTHORITIES. Local Authorities Acts A:mendm,ent Act. 18 GEO. V. No. 28, (b) In case where such other owners or occupiers have refused to apply to the Court under the provisions of section one hundred and seventy- one of *"The Land Acts, 1910 to 1925," for a determination by the Court of a judgment in a sum of money in respect of the benefit to such applicant of the fence or fences concerned; or (c) In case where such other owners or occupiers shall acquiesce in the making of an agreement with the applicant only on such terms as shall appear to the Local Authority unreason- able and inequitable,- the Local Authority may, in its discretion, grant to the applicant a license to erect such fence or fences across the road concerned in accordance with his application, subject to any special terms, conditions, stipulations, and provisions as the Local Authority may deem fit and proper to impose. When any such license has been granted, such licensee is hereby empowered to erect s11,ch fence or fences across the road concerned, notwithstanding that such fence or fences may encroach upon the land of such other owners ot occupiers, and neither the licensee nor the Local Authority shall incur any liability for trespass in respect of the entry on and remaining on the land by such licensee or his servants or agents for the purpose of carrying out the work necessary for the erection or maintenance of such fence or fences concerned at the suit of the owners or occupiers whose land is so encroached upon. The provisions of the preceding subsections; namely, one to eight of this section, shall, mutatis mutandis, also apply to an application for and the grant or renewal of a license under this subsection and to the licensee and to any other persons and things concerned. Moreover; the Governor in Council may cancel any such license issued under this subsection or may impose any special conditions which he thinks expedient with respect to any such fence, or may wholly exclude a road from the operation of this subsection. • 1 Geo. V. No. 15 and amending Acts, 8upra, pages 8775 et seq.

LOCAL AUTHORITIES. 1l~93 1927. Local Authorities Acts Amendment Act. The term "license" in subsection nine of this :section shall also include a license under subsection SA ·of this section." 3. In the first paragraph of section one hundred Amendment and seventy of the Principal Act, the words "and a of B. 170. watercourse is deemed to be non-tidal if at the place in question the water in such watercourse is not influenced by tides" are repealed and the following words are inserted in lieu thereof :-" and a watercourse is deemed to be non-tidal if at the place in question the water in such watercourse does not rise and fall in unison with ordinary spring tides. And notwithstanding that the level of the water of such watercourse may occasionally alter in sympathy with the tides, or that the waters of such watercourse may be rendered brackish by extraordinary tides, such watercourse shall be deemed to be non-tidal if the average level of the water of such watercourse is higher than the level of ordinary spring tides at the nearest locality on the same stream where the water rises and falls with all tides. "Ordinary spring tides" shall mean tides which rise to a height equal to the mean height of the superior tide at springs throughout the year." 4. After section one hundred' and fifty-seven the following new section is inserted : - " [157 A.] The Local Authority may from time to Contracts in time, where in the interests of the public health. of t~ e ~ ~ : C! ~ : ks. community or where it otherwise may consIder It necessary and advisable in the public interests so to do, . enter into any contract with any person or company or corporation carrying on the business of meat works or slaughter house, whereby fit and proper arrangements may be made for the slaughtering of cattle, sheep, or other animals for consumption in the Area of such Local Authority: Provided that no such contract shall be entered into unless and until such contract is approved by the Governor in Council in his discretion by notification in the Gazette : Provided further that it shall be laWful for the Governor in Council in his discretion to direct in such notification that all such cattle, sheep, or other animals for consumption in the Area of such Local Authority

11994 LOCAL AUTHORITIES. Local Authorities Acts Amendment Act. 18 GEO. V. No. 28. shall be slaughtered only at the meat works or slaughter house of the person, company, or corporation with whom such contract has been made by the Local Authority and approved as aforesaid; moreover, such notification may also contain any further directions, terms, and conditions as the Governor in Council may deem fit and proper to make. Such notification shall have the force of law and shall be observed and obeyed by all persons concerned: Provided further that any such contract or notifica- tion may be revoked or varied in the discretion of the Governor in Council. Joint Local A Joint I..ocal Authority may be constituted under Authorities. the provisions of Part XVI. of this Act for the purpose of entering into a joint contract (made on behalf of the Joint Local Authority so constituted) for the purposes indicated as aforesaid in this section; and in that event the provisions of this section shall be read and construed as if the words " Joint Local Authority" and "Area of such Joint Local Authority" were used therein instead of the words "Local Authority" and "Area of such Local Authority" respectively, and the provisions of this section shall, mutati8 mutandis, apply accordingly." Amendment 6. Subsection four of section two hundred and of B. 218.- eighteen is repealed. The following new subsections are inserted after subsection nine of· the said section:- "( 10.) For the purposes of t4e foregoing rules, the quality of land shall not be deemed to be affected by reason of the fact that it is infested with noxious weeds or plants, or that it is not cleared of its natural timber or of scrub or other vegetable growth existing thereon. (11.) The Governor in Council may, from time to time, by Proclamation, declare and direct that all rateable lands shall in any Area specified in such Proclamation be valued in accordance with the rule prescribed in subsection one of this section, or that all rateable lands shall in any Area so specified in any such Proclamation be valued in accordance with the rule prescribed in subsection three of this section: Provided that in any Area in respect of which a Proclamation has been issued declaring that all rateable lands shall be valued in accordance with the rule prescribed in subsection three of this section, such Proclamation shaH

LOCAL AUTHORITIES. l1~ D 1927. Local Attthorities Acts Amendmtent Act. not apply to lands set apart for town or township purposes, and such lands shall continue to be valued in accordance with the rules prescribed in this section as if no Proclamation had beenissued. Any such Proclamation shall also prescribe the rules contained in the said section other than the rules prescribed in subsections one and three, as the case may be, which shall also be applicable to the Area concerned." 6. In the scale of costs as set forth in section two Amendment hundred and fifty-seven of the Principal Act, the of s. 257. words "Five shillings" are repealed and the words "Ten shillings" are inserted in lieu thereof. 7. In the form of ballot-paper as set forth in rule Amendment forty-seven of the Third Schedule of the Principal Act, o! : c~ 7 IlL, the words" Elector, or Justice" are repealed and the r e . words "Elector of the same Shire, or Justice" are inserted in lieu thereof. In rule fifty-three, before the word "Shire," where Amendmen. it firstly occurs, the word " same" is inserted. of rule 53. 8. The following additional paragraph is added to Amendment subdivision fifty-one of the Fourth Schedule of the ~ { ~ ~ ~ ~ 51 Principal Act:- of Sch. IV. "(vi.) In the discretion of the Local Authority, prohibiting or regulating by permit the erection of petrol service pumps, fences known as "verandah fences," motor grids, and other obstructions in or upon any road of the Local Authority; authorising the Local Authority to prescribe in any such permit any terms, conditions, provisions, and stipulations to be observed by such permittee; prescribing the duration of such permit, and a fee (whether an annual fee or otherwise) in respect of such permit; also the renewal or refusal of renewal of such permit." MEAT WORKS, CONTRACTS RE. See LOCAL AUTHORITIES